Expert Tips to Draft a Will in South Africa Correctly

A valid will in South Africa must be in writing, signed by the testator (or by someone in the testator’s presence and by their direction), and that signature must be made in the presence of two or more competent witnesses who then sign in the presence of the testator and of each other — failing any one of these steps can invalidate the will or void a gift to a beneficiary-witness, under sections 2 and 4 of the Wills Act 7 of 1953. Marriage automatically revokes an existing will unless it is expressly made “in contemplation of marriage” to a named person, so a will should be reviewed and re-signed after any change in marital status. After the testator’s death, the will is lodged with the Master of the High Court in the district where the deceased was ordinarily resident, an executor is appointed (either the named executor who accepts, or one appointed by the Master), and the estate is administered under the Administration of Estates Act 66 of 1965.

The Legal Framework: The Wills Act 7 of 1953 and Why It Matters

A “will” in South African law is a formal document that takes effect only on death. The substantive law of wills is set by the Wills Act 7 of 1953, while the administration of the deceased estate is governed separately by the Administration of Estates Act 66 of 1965. The Wills Act does two things: it sets the formal validity requirements for a will to be legally effective (writing, signature, witnesses), and it sets the rules for when and how a will can be revoked.

The key rules of the framework are:

• The Act sets the formal validity requirements. Non-compliance generally renders the will void, no matter how clearly the testator’s wishes are expressed.
• The testator must be 16 years or older. Section 4 provides that wills made by persons under 16 are invalid; section 5 makes special provision for minors aged 16 to 18, whose wills are subject to the Master’s approval.
• A will is ambulatory — it can be revoked or altered at any time before death — and is therefore never “final” until the testator dies.
• Estate duty, where it applies, is governed by the Estate Duty Act 45 of 1955 and administered by SARS. Executor fees are prescribed under the Administration of Estates Act.

The Validity Formalities, Step by Step

Section 2 of the Wills Act requires every will to comply with a specific set of formalities. Skip one and the will — or a particular gift — is at risk. The steps below cover the most common way wills are validly executed in South Africa today.

1. Put the will in writing. Typed, printed, or handwritten. An entirely handwritten will (“olographic will”) is valid only if the testator wrote it themselves in their own handwriting and signed it; a typed will must still be signed by the testator in the prescribed manner.
2. Sign the will at the end. The testator signs with their full usual signature — not initials — unless the testator habitually signs by initials.
3. Sign in the joint presence of two (or more) competent witnesses. Both witnesses must be present at the same time when the testator signs; signing in front of one witness, then a second witness later, fails the formality.
4. Each witness signs the will in the presence of the testator and of the other witness. Witnesses do not need to know the contents of the will.
5. Confirm the witnesses are competent and not beneficiaries. Each witness must be 14 years or older and able to understand what they are witnessing. A witness who is also a beneficiary does not lose their capacity to witness, but section 2(3) of the Wills Act voids any gift left to that witness — the gift falls into the residue of the estate.
6. Initial each page. Where the will runs to more than one page, each page that the testator signs should ideally be initial-led. Pages added after signing without a fresh signature can be challenged.

Common Formalities Mistakes That Invalidate Wills

The Master of the High Court routinely sees wills that look fine on paper but fail on a single formality. These are the recurring problems:

• Witnessing outside the testator’s presence, or having witnesses sign at different times.
• Using a beneficiary (or the spouse of a beneficiary) as a witness. This voids the gift to that beneficiary, not the whole will, but the surprise often surfaces only after death — and disputes between disappointed beneficiaries are expensive.
• Forgetting to sign at the end, or signing only on an inside page.
• Using a “will” prepared by an online template that requires the testator to sign first and witnesses separately — invalid under section 2.
• Witnessing by someone who is illiterate or visually impaired in a way that prevents them from actually seeing the testator sign.
• Marriage after the will is signed — the will is automatically revoked unless it is expressed to be made “in contemplation of marriage” to a specific named person (sections 2A read with 2 of the Wills Act).

What Should Be in the Will — Beyond the “I Leave My House to My Spouse” Line

A will that survives challenge is more than a list of who gets what. It is a complete dispositive instrument with named clauses in a standard order. Burger Huyser Attorneys’ Wills & Estates practice drafts to a standard form precisely because unstated assumptions create intestacy over parts of the estate.

Clause	What it does
Identification of the testator	Full names, ID number, and address — removes ambiguity about whose will this is.
Revocation of prior wills	Expressly revokes all previous wills and codicils.
Appointment of an executor	Names at least one executor (and a substitute) who is willing to act; the Master confirms appointment after death.
Specific bequests	Named assets (a house, a car, specific investments, a firearm, jewellery) left to named beneficiaries.
Residuary clause	“I leave the rest of my estate to …” — catches everything the testator forgot to mention and is the single most important clause for avoiding intestate succession over part of the estate.
Guardianship of minor children	Names a guardian, subject to the High Court’s overriding discretion in the child’s best interests.
Funeral wishes	Not legally binding, but useful as a directive to the family.
Testimonium and attestation clauses	The formal blocks at the end that record who signed and who witnessed; their wording should be standard to avoid later challenge.

Events That Change an Existing Will

A will is ambulatory — it lives until death and reacts to major life events. The Wills Act codifies how four of the most common events affect an existing will:

Event	Effect on existing will
Marriage	Automatically revokes the will unless it was made “in contemplation of marriage” to the named spouse (section 2A).
Divorce	Does not automatically revoke the will, but section 2B treats any bequest to (and any appointment of) the former spouse as executor, trustee, or guardian as if the spouse had predeceased the testator.
Death of a beneficiary	Lapses the gift unless the will provides a substitute; the lapsed asset falls into the residue.
Birth of a child	Does not revoke the will, but a child who is not provided for can claim against the estate under the Maintenance of Surviving Spouses Act and the intestate succession rules.
Sale or disposal of a specifically bequeathed asset	The specific bequest simply lapses; the proceeds fall into the residue.

Each of these events is a prompt to re-sign a fresh will rather than relying on a hand-written amendment, because amendments must comply with the same formalities as the original will.

Storing, Updating, and the Role of the Master of the High Court

The Master’s office does not generally hold a person’s will during their lifetime, although limited deposit-for-safekeeping arrangements exist. The Master becomes involved only after the testator has died. For most testators, the practical question is simply: where is the original, and who knows?

• Storage options. At home in a fireproof safe, with the testator’s attorney, with a bank, or lodged at the Master’s office for safekeeping under specific procedures.
• Tell people. The testator should keep a record of where the original will is kept and tell the executor — and at least one family member — where to find it.
• Updating. Either by making a new will (which revokes all prior wills by its revocation clause) or by a formal codicil that amends specific clauses and is executed with the same formalities.

After death, the Master of the High Court in the district where the deceased was ordinarily resident — or where the deceased held immovable property — oversees the administration of the estate. The Master issues letters of executorship, authorises the liquidation and distribution account, and supervises the wind-up. Reporting a deceased estate requires the original (or certified) death certificate, the original will, marriage and divorce documents (if applicable), the death notice, next-of-kin affidavit and inventory, beneficiary nominations for the executor, a declaration of existing marriage, the creditor list, and the executor’s acceptance of trust with ID copy. A full list of supporting documents is published on the Department of Justice and Constitutional Development (DOJ&CD) Master of the High Court page.

When a Will Is Not Enough — Common Ancillary Planning

A will is the central dispositive document, but several common situations need a second instrument alongside it. Burger Huyser Attorneys maintains a dedicated Trusts practice and advises on each of these in coordination with the will-drafting engagement:

• Trusts. For assets that should not pass through the estate — for example, to protect minor beneficiaries or to ring-fence a business.
• Powers of attorney. For ongoing management if the testator becomes incapacitated. An enduring power of attorney continues to operate after incapacity, unlike a standard power, which lapses.
• Enduring guardianship. Appointing a guardian for personal-care decisions if the testator can no longer make them.
• Business succession. Shareholding or partnership interests need their own succession mechanism (often a shareholders’ agreement), because a bequest of shares does not on its own bind the company.
• Donations and estate-duty planning. Large lifetime donations can have estate-duty consequences if not structured carefully; will-drafting conversations often run alongside estate-tax planning.

What a Will Drafting Attorney Actually Does

Engaging an attorney for a will is not just about getting the formalities right. It is about getting the dispositive scheme right against the testator’s actual family, asset, and business position, and putting the right ancillary instruments in place. The scope of a will-drafting engagement typically covers:

1. Reviewing the testator’s family, asset, and business position.
2. Drafting a will that captures specific bequests, the residue, guardianship nominations, and executor appointments.
3. Confirming the formalities will be validly executed — signing in front of two competent witnesses, attestation clause in order.
4. Advising on ancillary documents — trust formation, power of attorney, shareholder succession — where the will alone leaves gaps.
5. Providing a storage recommendation and (where requested) holding the original will in safe custody.
6. After death, assisting the appointed executor with the Master’s process, the liquidation and distribution account, and the wind-up of the estate.

Burger Huyser Attorneys’ Wills & Estates practice works alongside a Notary and Conveyancer on staff for deeds and notarial execution, and coordinates with the firm’s Deceased Estate Administrator on post-death estate work.

Frequently Asked Questions

Can I write my own will in South Africa?

Yes — an entirely handwritten will (an “olographic will”) signed by the testator is valid under section 2(1)(a) of the Wills Act 7 of 1953, provided it is in the testator’s own handwriting. Typed wills are also valid but must be signed in the presence of two competent witnesses who then sign in the presence of the testator and of each other. DIY online templates fail more often than people expect because the formalities are easy to get wrong — especially the simultaneous-presence requirement and the beneficiary-witness rule under section 2(3).

How many witnesses do I need for a will in South Africa?

Two competent witnesses, both present at the same time when you sign, and both signing in your presence and in each other’s presence. Each witness must be 14 years or older and able to understand what they are witnessing. A witness who is also a beneficiary under the will does not lose their capacity to witness, but any gift to them is void under section 2(3) and falls into the residue of the estate.

Does getting married cancel my existing will?

Yes — under section 2A of the Wills Act, marriage automatically revokes an existing will unless the will is expressed to be made “in contemplation of marriage” to the named spouse. Divorce does not automatically revoke a will, but under section 2B any bequest to (or appointment of) the former spouse is treated as if the spouse had predeceased the testator. Either event is a reason to update the will.

What happens if I die without a will in South Africa?

The estate is distributed under the intestate succession rules of the Intestate Succession Act 81 of 1987 — the surviving spouse, descendants, parents and siblings inherit in fixed order, and an executor is appointed by the Master of the High Court. Without a residuary clause and without a nominated executor, distribution is slower, more expensive, and may not reflect the testator’s wishes. The Master’s office has published guidance on this on the Department of Justice Master of the High Court page.

Where should I keep my will?

Somewhere safe and findable — at home in a fireproof safe, with your attorney, or with a bank. Telling your executor and at least one family member where the original is kept is as important as the storage location itself, because an unfindable original will be treated as if no will exists.

Does Burger Huyser Attorneys draft wills?

Yes — wills and estate planning fall under the firm’s Wills & Estates practice, alongside deceased estate administration. Initial consultations are booked through the head office in Linden, Randburg, or any of the firm’s Gauteng branches. Clients with a complex estate — business interests, offshore assets, blended families, or special-needs dependants — are typically referred to one of the directors who specialises in this work.

If you are ready to draft a will — or to update an existing one after a marriage, divorce, birth, or change in assets — Burger Huyser Attorneys’ Wills & Estates practice can help. Initial consultations are booked through the Linden head office on 011 888 0246 (after-hours 061 516 6878) or through any of the firm’s Gauteng branches (Sandton, Roodepoort, Pretoria, Centurion, Bedfordview, Alberton, Midrand). The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified — “Top Rated Law Firm in South Africa”) and is listed in the Pretoria Attorneys Association, the Gauteng Family Law Forum, and the Johannesburg Attorneys Association.